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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2020-10-05 and last amended on 2020-07-01. Previous Versions

Marginal note:Being unlawfully in dwelling-house

  •  (1) Every person who, without lawful excuse, enters or is in a dwelling-house with intent to commit an indictable offence in it is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or of an offence punishable on summary conviction.

  • Marginal note:Presumption

    (2) For the purposes of proceedings under this section, evidence that an accused, without lawful excuse, entered or was in a dwelling-house is, in the absence of any evidence to the contrary, proof that he entered or was in the dwelling-house with intent to commit an indictable offence therein.

  • R.S., 1985, c. C-46, s. 349
  • 1997, c. 18, s. 21
  • 2018, c. 29, s. 35
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